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<br />Board of Adjustment <br />October 26, 2006 <br />Page 2 <br /> <br />Mr. said the variance application meets three of the six criteria for granting the variance. He said City staff supports the <br /> <br />request based upon the benefits provided to the property owners in question. <br /> <br />Mr. said if the Board of Adjustment chooses to grant the variance requested for BA 06-14, for the property located at <br /> <br /> <br />to <br /> <br />an 8 tall <br /> <br /> <br />building line a <br /> <br /> <br />should <br /> <br />upon the Board of Adjustment's findings of fact and conclusions, the property survey (Exhibit B) dated November 10, 1999, <br /> <br />the <br /> <br />outlined in the <br /> <br />report which were: <br /> <br />1. <br />2. shall meet all other <br />3. No additional 8 foot tall fencing will be permitted on this property without further variance approval from the Board of <br />Adjustment. <br />4. A building permit for the fence shall obtained from the Building <br />the of Adjustment and a final inspection shall approved within 120 <br />5. All fees with this variance must paid in full within 30 <br />meeting. <br />6. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. <br /> <br /> <br />to <br /> <br /> <br />8 <br /> <br /> <br />as <br /> <br />in <br /> <br />B. <br /> <br /> <br />ofthe approval by <br />of the building permit. <br />of the of Adjustment <br /> <br />Mr. asked the applicant to come forward for any rebuttal to the City's presentation. Mr. Tim Fitzpatrick, North <br /> <br />Winter Park Drive, Casselberry, Florida came forward. Mr. Fitzpatrick said is the neighbor to the south of the DePew's <br /> <br />residence and he is responsible for the construction of the fence. Mr. Fitzpatrick said during the construction work on his property <br /> <br />the DePew's <br /> <br />was damaged and he offered to <br /> <br />the <br /> <br />He said due to the elevation of the pool deck he <br /> <br />installing an 8 foot fence to provide additional privacy for both parties and also to minimize the noise generated in the pool area. <br /> <br />Mr. Fitzpatrick said he was not aware a permit was needed to replace an existing fence. <br /> <br />After a brief discussion regarding the permitting and inspection process, Mr. BiIlerbeck asked if there was anyone in the <br /> <br />audience who wished to speak in favor of the request. No one came forward. <br /> <br />Mr. Billerbeck noted for the record that there was a letter received from the resident at 35 North Winter Park Drive <br /> <br />speaking in favor of the variance request. <br /> <br />Mr. <br /> <br />clarified that the property received a violation notice and no fines were <br /> <br />He said the fence height is <br /> <br />not a normal part of the building inspection. <br /> <br />Mr. Billerbeck asked if there was anyone in the audience who wished to speak in opposition to the request. No one came <br /> <br />forward. <br /> <br />There were no general citizen's comments regarding the variance. <br />